An e-mail may be admissible in evidence if a party can establish a hearsay exception and authenticate the communication. Hearsay is an out-of-court statement a party wants to introduce into evidence to prove the truth of the matter asserted. If made by a party, an e-mail may qualify as a party... View More

That reads just like the kind of agreement reached in mediation - it is vague enough that both parties can interpret it to their own satisfaction. Unfortunately, there is not much that can be done to enforce it. Far better is to have a fixed schedule from which the parties can deviate if they so... View More

Unjustifiably withholding visitation can result in a change of primary physical custody of a child. A custodial parent must do everything within his or her power and authority to allow visitation to occur, absent some credible evidence of family abuse which would justify a modification of a... View More

Under Virginia Code Section 16.1-278.15, child support may be ordered to continue for an adult child in the following circumstances:

"...The court may also order that support be paid or continue to be paid for any child over the age of 18 who is (a) severely and permanently mentally or... View More

While the Virginia Court of Appeals has decided that it is possible for spouses to live separate and apart under the same roof, not all Circuit Court judges readily accept that idea. The idea is more popular in certain areas of the state, such as Northern Virginia, where the costs of housing is... View More

You do not need a Separation Agreement document to establish your date of separation. That date will be stated in such an Agreemenet though. Your spouse cannot refuse to sign a Separation Agreement to forever delay your separation period for example. Your date of separation is largely up to you... View More

The jurisdiction over, or power to decide, interstate custody and visitation disputes is based on the Uniform Child Custody Jurisdiction Enforcement Act, UCCJEA, a uniform law adopted in almost all the states. The purpose of the UCCJEA is to require a connection between the residence of the child... View More

A protective order may be issued in three successive steps, each with greater due process protections for the accused. To protect against an immediate harm, a emergency protective order can be issued ex parte by the magistrate or general district court judge on a sworn statement or affidavit,... View More

A protective order may be issued in three successive steps, each with greater due process protections for the accused. To protect against an immediate harm, a emergency protective order can be issued ex parte by the magistrate or general district court judge on a sworn statement or affidavit,... View More

There is no specific age at which a child can express a custody or visitation preference. The Code of Virginia allows such a reasonable preference if the child is of "reasonable intelligence, understanding, age, and experience to express such a preference." When allowed to express a... View More

The answer will depend on local as well as state landlord and tenant law. Virginia is relatively good for landlords compared to my other jurisdictions, but you need to get a local lawyer that covers landlord-tenant and/or real estate.

The assumptions in your posting indicate that you haven’t a clue as to proving title in Virginia. Seek out local, Virginia, real estate counsel, run a current owner search, and review the results.

You should have a lawyer look at the actual protective order to be certain. That much said, if it gives her sole possession of the house, then you would be prohibited from going there - even if she is at work, or on vacation, or for any reason.

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answered on May 3, 2023

Hire a VA attorney to file a Conservatorship. The POA is not working, and was probably drafted in error.

A Virginia attorney could advise best, but your question remains open for two weeks. It looks like you're seeking an attorney. It could be difficult for attorneys on this site to contact you - the format here isn't set up like a referral service - it's basically limited to Q & A.... View More

There is no cookie-cutter answer to this type of question. You start with a title search and review of all controlling documents, including the HOA docs and local zoning, because they often don’t say what people say they say. From there, you start negotiating to get where you are trying to be.... View More

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answered on Feb 26, 2023

I'm sorry to hear about your situation. It is important that you seek legal advice from a qualified immigration attorney who can provide you with guidance on your options. They will be able to evaluate your case and provide you with advice on how to proceed. You may also want to consider... View More

It is not clear that the evaluation was used against you. You could always check the court's file at the clerk's office. A court ordered evaluation could be admissible without an expert witness. Anything else would be hearsay, and the evaluator would likely be required to appear and... View More

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answered on Sep 8, 2022

Take the net proceeds of the sale and add back the amounts of the judgements that were paid, then divide that sum by the number of equal shares. Each beneficiary’s share is that quantity less the amount of judgements paid on his or her behalf.

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answered on Sep 2, 2022

Without Probate, the Will means nothing. Any of the Heirs as Tenants In Common can file a Partition action.